PEOPLE v. 1998 FORD EXPLORER

Nos. 2-08-1024, 2-08-1025, 2-08-1027.

926 N.E.2d 999 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. 1998 FORD EXPLORER, Defendant (Salvador Gutierrez, Claimant-Appellant). The People of the State of Illinois, Plaintiff-Appellee, v. 1996 Mercedes Benz E320, Defendant (John Pittman, Claimant-Appellant). The People of the State of Illinois, Plaintiff-Appellee, v. 1994 Jeep Grand Cherokee, Defendant (Jeffrey J. Peterson, Claimant-Appellant).

Appellate Court of Illinois, Second District.

March 31, 2010.


Attorney(s) appearing for the Case

Fred M. Morelli, Jr., Law Offices of Fred M. Morelli, Jr., Aurora, for 1998 Ford Explorer in No. 2-08-1024, 1996 Mercedes Benz E320 and John Pittman in No. 2-08-1025, 1994 Jeep Grand Cherokee, Jeffrey J. Peterson in No. 2-08-1027.

John A. Barsanti, Kane County State's Attorney, St. Charles, Lawrence M. Bauer, Deputy Director, State's Attorneys Appellate Prosecutor, Mary Beth Burns, State's Attorneys Appellate Prosecutor, Elgin, for the People.


Justice McLAREN delivered the opinion of the court:

The issue in these consolidated appeals is whether the property-forfeiture provisions of the Criminal Code of 1961 (Code) (720 ILCS 5/36-1 et seq. (West 2008)) are unconstitutional because they do not include a provision for a prompt "probable cause" hearing. In each case, the trial court rejected the claimant's constitutional argument and ordered his vehicle forfeited. We find no constitutional infirmity...

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